Environmental sustainability – carbon footprint
1. When choosing to assess the auction’s sustainability contribution referred to in Article 26(1), point (b), of Regulation (EU) 2024/1735 by means of a carbon footprint criterion, the relevant authorities shall include a pre-qualification or award criterion or a combination of both and indicate the net-zero technologies, among the ones falling under the scope of Article 26 of Regulation (EU) 2024/1735, whose carbon footprint has to be assessed at project level or component level, and, for each net-zero technology, the applicable objective, transparent and non-discriminatory carbon footprint assessment methodology.
2. Bidders shall be required to measure and communicate the carbon footprint using life cycle assessment methods provided for in binding Union law that specifically addresses the renewable energy technologies at stake in the auction, where available. Where there is no binding Union methodology to measure and communicate the carbon footprint of a specific net-zero technology, but there is a binding Union methodology to calculate the carbon footprint of a product and the act establishing that methodology indicates that it can be used as guidance for calculating the carbon footprint of a certain net-zero technology, bidders shall be required to measure and communicate the carbon footprint for that net-zero technology using that methodology.
3. If not specified in the methodology used, the relevant authorities shall define and publish functional units, system boundaries and assumptions used to measure the carbon footprint and oblige the bidders to report their calculations in a transparent manner. If not specified in the methodology used, national authorities shall define and disclose modelling and data quality requirements for primary data, secondary data and databases used. The relevant authorities shall require the use of consistent and representative data.
4. For carbon footprint methodologies not covered by paragraph 2 of this article, the carbon footprint assessment shall at least cover greenhouse gas emissions due to the following life cycle phases of the relevant net-zero technologies:
(i)
extracting, producing, processing and transporting resources;
(ii)
manufacturing processes;
(iii)
electricity/energy used for those processes;
(iv)
transport of the components and final product;
(v)
installation, operation and maintenance;
(vi)
decommissioning and end of life.
Environmental sustainability – circular economy
1. When choosing to assess the auction’s sustainability contribution referred to in Article 26(1), point (b), of Regulation (EU) 2024/1735 by means of circular economy criteria, as pre-qualification criteria or award criteria or a combination of both, the relevant authorities shall take into account the contribution of the projects participating in the auction to one or more of the following parameters, provided they constitute a substantial part of the environmental impact of the product:
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recyclability of products, referring to one or more relevant product parameters as set out in point (d) of Annex I to Regulation (EU) 2024/1781,
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ease of repair and maintenance or ease of upgrading, reuse, remanufacturing and refurbishment of products, referring to one or more relevant product parameters as set out in points (b), (c) and (e) of Annex I to Regulation (EU) 2024/1781,
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use or content of recycled materials in products, including critical raw materials.
2. In defining circular economy criteria referred to in paragraph 1, the relevant authorities shall make use of methods provided for in Union legislation specifically addressing the net-zero technologies in the scope of this implementing regulation, where available. If no such methods are provided or referred to in Union legislation, the relevant authorities shall use methods set out in international standards, where available.
Environmental sustainability – biodiversity impact
1. When choosing to assess the auction’s sustainability contribution referred to in Article 26(1), point (b), of Regulation (EU) 2024/1735 by means of criteria related to the biodiversity impact of the operation of the net-zero technologies, the relevant authorities shall include pre-qualification criteria or award criteria or a combination of both to assess the project’s contribution to improving the biodiversity impact of net-zero technologies during their installation, operation and decommissioning phases as laid down in paragraphs 2 and 3.
2. Where the relevant authorities include the biodiversity impact of net-zero technologies as a pre-qualification criterion, the criterion shall include the following elements:
(a)
the presence of a system to monitor the positive and negative biodiversity impacts of the installation during the installation, operation and decommissioning phase;
(b)
a commitment to implement adaptative solutions to mitigate potential negative impacts on biodiversity as identified under environmental assessments performed if relevant pursuant to Directive 2011/92/EU of the European Parliament and of the Council ( 29 ) and/ or Council Directive 92/43/EEC ( 30 ) and under point (a) of this paragraph and ensure the effectiveness of solutions to contribute positively to biodiversity if such solutions are deployed.
The system referred to in point (a) of the first subparagraph shall monitor the impacts on land, above land, in soils, in water, at the sea floor, above the sea floor, above the sea surface, including noise and pollution, as relevant with a view to the technology at stake.
The data and information collected by the system referred to in point (a) of the first subparagraph shall be shared at least with the scientific community and public authorities unless it is commercially sensitive information.
3. Where the relevant authorities include the biodiversity impact of net-zero technologies as an award criterion, the criterion shall require net-positive contributions to biodiversity ( 31 ) , when identified as relevant by the public authority, in one or several of the following areas:
(a)
the conservation of habitats or species, or both, under Directive 92/43/EEC;
(b)
the conservation of wild birds, including their habitats, under Directive 2009/147/EC of the European Parliament and of the Council ( 32 ) ;
(c)
the restoration of ecosystems under Regulation (EU) 2024/1991;
(d)
for offshore installations, the achievement of good environmental status under Directive 2008/56/EC of the European Parliament and of the Council ( 33 ) ;
(e)
the achievement of good water status under Directive 2000/60/EC.
The measures to fulfil this criterion may take place onsite or offsite.
Environmental sustainability – energy efficiency
1. When choosing to assess the auction’s sustainability contribution referred to in Article 26(1), point (b), of Regulation (EU) 2024/1735 by means of energy efficiency criteria, the relevant authorities shall include a pre-qualification or award criterion or a combination of both that identifies the products whose energy efficiency is assessed and, for each product, the applicable assessment methodology. Energy efficiency shall be measured and assessed based on the methods for the product concerned provided for in Union legislation, where available.
2. Where a product is covered by a delegated act adopted under Regulation (EU) 2017/1369, Directive 2010/30/EU of the European Parliament and of the Council ( 34 ) or by a related Commission implementing act, the criterion referred to in paragraph 1 shall comply with the criterion laid down in Article 7(2) of that Regulation (EU) 2017/1369.
3. Where a product not covered under paragraph 2 is covered by an implementing measure under Directive 2009/125/EC, the criterion shall refer to products that comply with energy efficiency benchmarks specified in that implementing measure.
4. Where a product is not covered under paragraph 2 or 3, energy efficiency shall be measured and assessed based on other methods provided for in Union legislation, where available.
5. Where Union legislation does not provide for relevant methods and paragraph 4 does not apply, energy efficiency shall be measured and assessed based on international standards.
Environmental sustainability – efficient water use and solutions avoiding water pollution
1. When choosing to assess the auction’s sustainability contribution referred to in Article 26(1), point (b), of Regulation (EU) 2024/1735 by means of water-related criteria, the relevant authorities shall include pre-qualification criteria or award criteria or a combination of both to assess the project operation’s contribution to preserving and, where applicable, improving the status of water bodies.
2. Where the relevant authorities include the water-related impact of net-zero technologies as a pre-qualification criterion, the criterion shall include the following elements:
(a)
the presence of a system to monitor the positive and negative impacts on water of the installation during all relevant life-cycle stages;
(b)
the commitment to implementing adaptative solutions to avoid negative impacts on water status and ensure the effectiveness of solutions to generate positive impacts, where applicable, and contribute to preserve or achieve good water status as demonstrated by the monitoring system referred to in point (a);
3. Where the relevant authorities include the water-related impact of net-zero technologies as an award criterion, the criterion shall require positive contributions to achieve or maintain good water quality and quantity under Directive 2000/60/EC.
Environmental sustainability – pollution
When choosing to assess the auction’s sustainability contribution referred to in Article 26(1), point (b), of Regulation (EU) 2024/1735 by means of pollution-related criteria, the relevant authorities shall include pre-qualification criteria or award criteria or a combination of both to assess the project’s contribution to reducing pollution, other than from greenhouse gases, during installation, operation and decommissioning. Relevant methodologies, thresholds and compliance mechanisms shall be defined in accordance with and based on Union law, if available, and taking into account as applicable the criteria laid down in Appendix C to Delegated Regulation (EU) 2023/2486.
Sustainability contribution: innovation
1. When choosing to assess the auction’s sustainability contribution referred to in Article 26(1), point (b), of Regulation (EU) 2024/1735 by means of innovation criteria, the relevant authorities shall distinguish, where relevant, between:
(a)
pure innovation auctions specifically focused on the promotion of new technologies or solutions; and
(b)
auctions that do not specifically focus on innovation as the main driver for the auction.
In both types of auctions, the use of innovation pre-qualification or award criteria shall introduce a requirement for all projects to meet a minimum level of improvement in key performance indicators which goes beyond the state of the art of technologies and solutions that are already on the market and relative to the subject matter of the auction they are participating in.
2. In addition to the requirements in paragraph 1, second subparagraph, the contribution of auctions referred to in point (a) of paragraph 1 to innovation by means of pre-qualification criteria shall be assessed by introducing a requirement for all projects to have a certain level of maturity. For this type of auctions, the relevant authorities shall include additional requirements obliging the winning bidder to disseminate knowledge on the innovative project results or to offer licenses for research results and development projects which are protected by intellectual property rights, at a market price and on non-exclusive and non-discriminatory basis for use by interested parties in the EEA.
3. In addition to the requirements in paragraph 1, second subparagraph, the contribution of auctions referred to in point (b) of paragraph 1 to innovation by means of pre-qualification may be assessed by introducing a requirement for all projects to have a certain level of maturity. For this type of auctions, the relevant authorities may also include additional requirements pertaining to knowledge dissemination practices of innovative project results or licensing practices for further research results and developments projects, which are protected by intellectual property rights at a market price and on non-exclusive and non-discriminatory basis for use by interested parties in the EEA.
4. The level of maturity of the innovation proposed in the auction referred to in paragraphs 2 and 3 shall be assessed, where relevant, by means of credible and established methods such as the reference to a technology readiness level.
Sustainability contribution: Energy system integration
1. When choosing to assess the auction’s sustainability contribution referred to in Article 26(1), point (b), of Regulation (EU) 2024/1735 by means of energy system integration criteria, the relevant authorities shall take into account the contribution of the participating projects to addressing system needs resulting from their operation, based on temporal flexibility, locational impact and connections across energy carriers, under the conditions laid down in paragraphs 2, 3 and 4.
2. The participating project’s temporal flexibility shall be assessed with regard to the solutions proposed, either as new investments or procured through third parties, in particular in the form of a combination of several renewable generation technologies, a combination of generation assets and electricity storage assets, or a combination of generation assets and demand assets or solutions. Unless duly justified, this assessment shall not exclude any technology that can contribute to address the identified system needs.
3. The participating project’s locational impact on system needs shall be assessed with regard to the combination of their relevant features, including their temporal generation profile or their generation capacity, and the selection of the site and of the grid connection point, while taking into account network planning.
4. The participating project’s ability to creating connections across energy carriers shall be assessed with regard to their capacity to transfer renewable energy from one energy carrier to another, and in particular whether they include a combination of generation assets and energy conversion assets.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
